Chicago & Northwestern Railway Co. v. Williams

Citations

• 55 Ill. 185

Syllabus

<p>1. Railroads—power to make rules in respect to passengers. Whatever rules tend to the comfort, order and safety of the passengers on a railroad, the company are authorized to make and to enforce. But such rules must always be reasonable, and uniform in respect to persons.</p> <p>2. Same—setting apart a car for ladies. A rule setting apart a car for the exclusive use of ladies, and gentlemen accompanied by ladies, is a reasonable rule, and it may be enforced.</p> <p>3. Same—exclusion of colored persons. The mere fact that, under the rules and regulations of the company, a certain car in their passenger train has been designated for the exclusive use of ladies, and gentlemen accompanied by ladies, will not justify the exclusion of a colored woman from the privileges of such car, upon no other ground than that of her color.</p> <p>4. Under some circumstances, it might not be an unreasonable rule to require colored persons to occupy separate seats in a car furnished by the company, equally as comfortable and safe as those furnished for other passengers. But in the absence of any reasonable rule on the subject, the company can not lawfully, from caprice, wautonness or prejudice, exclude a colored woman from the ladies’ car, merely on account of her color.</p> <p>5. Of excessive damages—in such case—measure of damages. Where a person seeking passage in a particular car iu a railroad train is wrongfully and wantonly excluded therefrom, he may recover, in addition to the actual damages, something for the indignity, vexation and disgrace to which he was subjected by reason thereof.</p> <p>6. So where a colored woman was refused admittance to a ladies’ car, solely on account of her color, and was directed to take a seat in another car, which was set apart for, and mostly occupied by men, but which she declined to do, insisting upon her right to be admitted to the ladies’ car, and the evidence justifying the conclusion that the brakeman, in excluding her from that car, did